CEDH · PRESS;GENERAL;ENG — 19 septembre 2000

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     612   19.9.2000   Press release issued by the Registrar   HEARING IN THE CASE OF VAUDELLE v. FRANCE   Tuesday 19 September 2000 at 2.30 p.m.   The applicant   The application was lodged by Marcel Vaudelle, a French national, who was born in 1934 in Tours. Alain Vaudelle, his son, a French national, was born in 1967 in Paris. On 29 March 1995 he was appointed as his father’s supervisory guardian by a decision of the guardianship judge at the tribunal d’instance of the 16th district in Paris. He was released from that responsibility by a judgment of the Tours tribunal de grande instance of 9 January 1997.   Summary of the facts   The application concerns criminal proceedings brought against the applicant while he was under his son’s supervisory guardianship. The summons to attend the trial was sent only to the applicant, who received it on 7 October 1995 in a registered letter. The applicant did not appear at his trial. Being deemed to have been lawfully informed of the hearing, he was tried under the adversarial procedure. The judgment of the criminal court, which had sentenced him to 12 months’ imprisonment, of which 8 were suspended, and probation for 18 months, and had ordered him to pay damages for indecently assaulting two minors under 15, was served on him on 19 October 1995. He did not appeal against this judgment, which accordingly became final, and he served his prison sentence from 16 April to 19 July 1996.   Complaint   The applicant complains that the summons and notification of the judgment were sent to him only and not to his supervisory guardian also, so that he was prevented from exercising his defence rights, namely the right to attend his trial and defend himself, since, having been placed under supervisory guardianship, he did not have the mental capacity to exercise the rights of defence afforded to him under Article 6 of the European Convention on Human Rights (right to a fair trial).   Procedure   The application was lodged with the European Commission of Human Rights on 7 August 1996. Pursuant to Article 5 § 2 of Protocol No. 11 to the Convention, it has been examined since 1 November 1998 by the European Court of Human Rights. The application was declared partly admissible on 23 May 2000. The complaints submitted by Alain Vaudelle on his own behalf were declared inadmissible.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Loukis Loucaides (Cypriot), President , Jean-Paul Costa (French), Pranas Kūris (Lithuanian), Françoise Tulkens (Belgian), Karel Jungwiert (Czech), Hanne Sophie Greve (Norwegian), Mindia Ugrekhelidze (Georgian), judges , Willi Fuhrmann (Austrian), Nicolas Bratza (British), Kristaq Traja (Albanian), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government:   Michèle Dubrocard , Agent , Gilbert Bitti , Counsel.   Applicant:   Hélène Farge , Counsel .   The applicant will also attend the hearing, accompanied by his son.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.